Articles by Michael Wechsler
A lawsuit seeking class action status was filed in federal court claiming that LinkedIn hacked into external email accounts of its members and sent out numerous spam invitations. While users were logged into web-based email accounts such as GMail, Yahoo! Mail, Microsoft mail and others, the...
Child Abuse, Sex Crimes
Defenses to Child Abuse Charges
It can be difficult to assert a successful child abuse defense since criminal charges will typically include the testimony of a child. People tend to be more sympathetic towards children and are inclined to protect them first. The accused may face a challenging uphill battle when fighting abuse...
An opinion issued recently by the New Jersey Superior Court Appellate Division indicated that the Court could find someone sending text messages liable for texting a person known to be driving an automobile. In denying the appeal in Kubert v. Best and Colonna (decided on August 27, 2103) the...
California lawmakers closed a rape law loophole and have now made it illegal to impersonate another person in order to have sex, whether or not the victim is married. California Governor, Jerry Brown, signed bill AB65 after an appellate court overturned a rape conviction because the impersonated...
I read an article today about an allegedly guilt-riddled drunk driver who used social media to confess to a DUI crime that killed an innocent victim. The story and most of the comments lauded this man as a hero who came forward to declare his guilt, even though he could have easily avoided a...
After over two months of negotiations with a court appointed mediator, the National Football League (“NFL”) reached a proposed $765 million settlement with over 4,500 players related to concussion related claims. The plaintiffs, retired football players, claimed that the NFL had concealed the...
Fraud, ID & Money
Bribery Charges: Types, Elements & Penalties
Bribery is the act of giving or receiving something of value which influences the actions of a government or public official, employee or one who has a legal duty. The recipient of the bribe facilitates or smooths the way to a desired outcome by removing existing obstacles and uncertainty. This...
Formation, LLC, Corps
The Registered Agent Requirement for Business Entities
What is a Registered Agent?
A registered agent is a person or entity authorized to receive legal and official business documents on behalf of a corporation or business enterprise (the “principal”). Documents may include a copy of a summons and complaint for lawsuit that has been filed, a DMCA...
The penalties and sentencing guidelines for assault and battery convictions are determined by multiple factors. Each state has its own criminal code which defines the criminal charges and relevant sentencing guidelines. In addition to location of the offense, the unique circumstances surrounding...
Repairs & Recalls
How to Solve Auto Recall Repair Problems
Auto recall letters are usually generated when a car or motor vehicle is determined to have a design or manufacturing defect. Automobile repairs are typically completed in a reasonably prompt and properly by dealers in order to ensure the safety of the driver. Problems will occasionally arise...
Drugs, Controlled Substances
Drug Trafficking and Distribution Offenses
What is the difference between drug trafficking, distribution and possession? Criminal law doesn’t make a tremendous distinction between the first two terms. A drug charge of “trafficking” commonly refers to distribution and sale of a certain quantity of a controlled substance. A “distribution”...
Visa, Other
List of US Visa Types and Categories Explained
A foreign citizen (or "alien") who seeks to enter into the United States will almost always require a visa, a travel document which permits entrance into the U.S. The visa is placed into the passport of a foreign traveler which is issued by the traveler's country of citizenship. There are almost...
Law & Procedure
Good Samaritan Laws & the Duty to Help or Rescue Someone
If someone else is in danger, do you have a legal duty to help them? The answer will depend upon details that are specific to each case. The court has rules that it applies to certain situations that govern legal duties as well as the relationship between person in need of help and the person in...
Laws & Penalties
Driver and Passenger Open Container Laws
It should be common knowledge to anyone who has a driver’s license that the operator of a motor vehicle is not permitted to drive while impaired by the effects of drugs or alcohol. What is not so clear is whether passengers permitted to drink alcohol in a car or other motor vehicle. What if...
Traffic Tickets
Understanding Information Found on Traffic Tickets
Traffic tickets contain certain information that is important for you to understand and identify after you have been cited for a traffic law violation. What appears on each ticket will depend on the jurisdiction you’re in but, in general, most will contain the same or similar items. Additional...
Child Support
Child Support Modifications: Starting the Process
Child support orders are judicial orders or decrees issued by a judge. Any changes to the terms of the order requested by either parent generally require a judge to either modify the original order or approve a new agreement. In situations where both parents agree to child support modifications...
Statute of Limitations
Oregon Statute of Limitations, Civil Actions
The Oregon Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in an Oregon state court to litigate that...
Statute of Limitations
What is the Statute of Limitations?
What is the Statute of Limitations? Why is it necessary? This article is a transcript of the legal presentation covering the Statute of Limitations.
What is the Statute of Limitations?
The Statute of Limitations is a law which limits the amount of time after something happens for which a case...
Statute of Limitations
Utah Statute of Limitations, Civil Actions
The Utah Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in an Utah state court to litigate that matter...
Statute of Limitations
Idaho Statute of Limitations, Civil Actions
The Idaho Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in an Idaho state court to litigate that...